Poor performer wasn't told how to improve, dismissal unfair
A poor-performing employee was not given an adequate opportunity or support to improve, the Fair Work Commission has ruled in upholding his unfair dismissal claim. » more »
Compliance & case law (872 items)
Hours reduction contravened Fair Work Act
An employer that stood down an employee in light of reduced demand for her work did so in contravention of the Fair Work Act, and has been ordered to reinstate her previous hours. » more »
FWC couldn't cut award-covered employee's redundancy pay
A union has successfully appealed against a ruling that reduced an unrepresented employee's redundancy entitlement to nil. » more »
"Rapacious" underpayments claim nets employees $1.3m
The Federal Circuit Court has awarded 48 former Macquarie Bank employees more than $1.3 million in compensation for underpayments, while describing their claim as "rapacious" with "an element of double dipping". » more »
"Brutal" dismissal that ignored HR advice costs $5.2m
A senior manager who suffered a mental breakdown has successfully claimed his "brutal" dismissal was adverse action, resulting in more than $5.2 million in damages and fines. » more »
Employer not obliged to reconsider employee's resignation
An employer had no obligation to reverse an employee's resignation, the Fair Work Commission has ruled, finding her requests for reconsideration were disingenuous. » more »
Employee "crossed the line", but email sacking was unfair
An "argumentative and difficult" employee with a history of misconduct was unfairly sacked partly because his employer advised him of its decision via email, the Fair Work Commission has ruled. » more »
Employee wasn't 'forced' to sign deed
The Fair Work Commission has rejected an employee's arguments that an HR manager 'forced' him to sign a settlement deed and that he should be able to pursue an unfair dismissal claim. » more »
Underperformer sacked during probation wins unfair dismissal claim
The Fair Work Commission has rejected that an employee should have been aware his performance was below the required standard because his manager had daily informal discussions with him about targets. » more »
Good behaviour post-misconduct didn't make sacking unfair
Honesty and cooperation following workplace misconduct isn't "noteworthy" behaviour that mitigates its seriousness, the Fair Work Commission has ruled in rejecting an unfair dismissal claim. » more »
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